Paragraph 21 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 8(1)(q)(ii) words substituted by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 78(2)(a)
Sch. 3 para. 8(1)(q)(ii) words substituted by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 78(2)(b)
Sch. 3 para. 8(1)(y) added by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 78(3)
Sch. 3 para. 2(1) words substituted by Veterans Advisory and Pensions Committees Act 2023 s. 2(1)(l)

(1)

This paragraph applies where a request for child abuse data is made in exercise of a power conferred by an enactment or rule of law and—

(a)

the data subject is an individual aged under 18 and the person making the request has parental responsibility for the data subject, or

(b)

the data subject is incapable of managing his or her own affairs and the person making the request has been appointed by a court to manage those affairs.

(2)

Article 15(1) to (3) of the F1UK GDPR (confirmation of processing, access to data and safeguards for third country transfers) do not apply to child abuse data to the extent that the application of that provision would not be in the best interests of the data subject.

(3)

“Child abuse data” is personal data consisting of information as to whether the data subject is or has been the subject of, or may be at risk of, child abuse.

(4)

For this purpose, “child abuse” includes physical injury (other than accidental injury) to, and physical and emotional neglect, ill-treatment and sexual abuse of, an individual aged under 18.

(5)

This paragraph does not apply in relation to Scotland.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 21(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 93(21) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Sch. 3 para. 21 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

Notes on Schedule 3

Textual amendments

F1: Words in Sch. 3 heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 93(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Exemption from Article 15 of the UK GDPR: child abuse data

Textual amendments

F1: Words in Sch. 3 para. 21 cross-heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 93(20) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)